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LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA. 



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LAWS OF TEXAS. 



COMPILATION OF 



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THE LAWS AND LEGAL FORMS 

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pi parmers, Mechanics, Merchants, Bankers 

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LAWS COMPILE 




JUDGE S. H. BRASHEAR 






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COUNTY, TEXAS 



v. 

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PRICE, SL50, 



Entered According to Act of Congress in the Year 18^4. by J. W Weed, 
in the Office of Librarian of Congress at Washington " ' 



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Xj-A-W-S OIF 1 TEXAS, 

(ABRIDGED,) 

ACTIONS. ■* 

An action in the Justice's court is begun by the issuance 
of citation for defendant. In the County or District Court 
it is begun by petition filed in the office of the Clerk. In 
either court writ of citation thereupon issues for the defend- 
ant or defendants to the proper county. If defendant re- 
sides out of the county where the suit is instituted, a certi- 
fied copy of plaintiff's petition shall accompany the citation 
and be served upon defendant. The citation must have been 
served at least ten (10) days before the first day of the term, 
exclusive of the days of service and return, to require de- 
fendant to plead at the return term. Where affidavit is made 
that defendant is a non-resident of the State, or is absent 
from the State, or is a transient person, or that his residence 
is unknown to the affiant, the citation may be made by pub- 
lication in some newspaper published in the county, or one 
published in the judicial district, where none is published in 
the county, once in each w r eek for four consecutive weeks 
previous to the return-day thereof. A non-resident defend- 
ant, or one absent from the State, may also be cited person- 
ally by serving upon him a notice as provided by law, accom- 
panied by a certified copy of the petition. This notice may 
be served by any disinterested person competent to make 
oath of the fact. No criminal prosecution for debt can be 
had. 

The Supreme Court has appellant jurisdiction co-exten- 
sive with the limits of the State, which shall extend to ques- 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 3 

tions of law arising in all civil cases of which the courts of 
civil appeals have appellate, but not final jurisdiction. It is 
provided that all causes shall be carried up to the Supreme 
Court by writ of error issuing from the Supreme Court to the 
Courts of civil appeals upon final judgment and not on judg- 
ments reversing and remanding causes, except in the follow- 
ing cases, to-wit: (i) Where the State is a party or where 
the Railroad Commissioners are parties. (2) Cases which 
involve the construction and application of the constitution of 
the United States or of the State of Texas. (3) Cases which 
involve the validity of a statute of the State. (4) Cases involv- 
ing the title to a state office. (5) Cases in which a civil court of 
appeals overrules its own decisions or the decisions of another 
court of civil appeals or of the Supreme Court. (6) Cases in 
which the judges of any court of civil appeals maydisagree. (7) 
Cases in which any two of the courts of civil appeals may 
hold differently on the same question of law. (8) When the 
judgment of the court of civil appeals practically settles the 
case and this fact is shown in the petition for writ of error. 
There are five courts oi civfl appeals, the appellate juris- 
diction of which extends to civil cases within the limits of 
their respective districts; (1) of which the District Court has 
original or appellate jurisdiction, (2)of which the county 
court has original jurisdiction, (3) of which the county court 
has appellate jurisdiction when the judgment or amount in 
controversy shall exceed one hundred dollars exclusive of in- 
terest and costs. The judgments of the courts of civil ap- 
peals is conclusive in all cases upon the facts of the case, 
and a judgment of such court is conclusive upon facts and 
law in the following cases, and a writ of error is not allowed 
thereto from the Supreme Court, to-wit: Any civil case ap- 
pealed from a county court or from a district court 
when under the constitution a county court would have 

WHEN NEEDING AN ATTORNEY, CALL O/V J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. § 

had original Or appellate jurisdiction to try it> except in 
probate matters, and in cases involving the revenue laws of 
the state or the validity of a statute. (2) All eases of bound- 
ary- (3) All cases of slander and divorce. (4) All cases of 
contested elections of every character other than for state 
officers except where the validity of a statute is attacked by 
the decision. Judgments of said courts of appeals are final 
in all appeals from interlocutory orders, appointing receiv- 
ers or trustees, or such other interlocutory appeals as may 
be allowed by law. And the judgments of said court are 
final ip all other cases as to law and facts except where ap- 
pellate jurisdiction is given to the Supreme Court and not 
made final in said courts of civil appeals. 

The district courts have exclusive and Original jufisdic* 
tion in suits for trial of land titles, slander, divorce, fore* 
closure of mortgages or liens on real estate, and for debt in 
the sum of one thousand dollars or more. They also have 
jurisdiction in probate matters on appeal from county court> 
and concurrent jurisdiction - with county court in suits for 
debt in sums between $500 and $1,000. 

County courts have exclusive original Jurisdiction in pro- 
bate matters and suits for debt where the amount sued for is 
over $200 and less than $500. They also have concurrent 
jurisdiction with district courts in suits for debt where the 
amount sued for is between $500 and #1,000, (except incases 
for slander or foreclosure of liens on real estate). 

Justice's courts have jurisdiction in all cases where the 
amount in controversy does not exceed $200. 

Commissioner's courts have jurisdiction and control 
tover the county finances, road matters and business affairs 
generally, and of county taxation and assessments. 

ADMINISTRATION OF ESTATES OF DECEASED PERSONS. 

Applications for letters testamentary, or of administra- 

LEAVE YOUR COLLECTIONS W/TH J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 1 

lion, must be filed with the clerk of the County Court within 
four years after the deatn «u the testator or intestate; other- 
wise, the application is refused and dismissed. The County 
Court has exclusive original jurisdiction in matters of this 
kind. Letters shall not be granted to any person under 
twenty-one years of age, or of unsound mind, provided they 
may be granted to surviving husband or wife under twenty- 
one. Where husband or wife dies intestate, leaving no child 
or children, and no separate property, the common property 
passes to the survivor, charged with the debts of the commu- 
nity, and no administration is required. Letters are granted 
to persons qualified under the law, in the following order: 
Executor named in the will, surviving husband or wife, prin- 
cipal devisee or legatee of testator, any devisee or legatee of 
testator, next of kin of deceased, the nearest in order, first, 
etc., creditor of deceased, any person of good character re- 
siding in the county. Claims against estates are classed and 
have priority as follows: (i) Funeral expenses and expenses 
of last sickness. (2} Expenses of administration and those 
incurred in the preservation, safe-keeping and management 
of the estate. (3) Claims secured by mortgage or other liens, 
so far as the same can be paid out of the proceeds of the 
property subject thereto, and when more than one lien 
shall exist, the oldest shall be paid first. (4) All claims le- 
gally exhibited within one year after the original grant of let- 
ters. (5) Claims legally exhibited after the lapse of one 
year from the original grant, €tc. The homestead is no part 
of the assets for payment of debts, except debts secured by 
valid liens thereon. Widow and minor children having no 
separate pioperty adequate to their maintenance, are allowed 
<out of assets sufficient for their maintenance for one year, to 
be paid by administrator out of first money coming to 
his hands, or out of property at its appraised value, to be 

LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



LONG OR SHORT TIME LOANS AT CITIZENS BANK. 



Selected by widow atld guardian of minor children. WidoW, 
fninor children and unmarried daughters remaining with the* 
family, are entitled to all such property as may be exempt 
from execution by the Constitution and laws of the State; and 
in case there is not among the effects of the deceased any or 
all of the specified articles exempt, an allowance is made iri 
lieu of the same by the court. The allowance in lieu ot 
homestead not to exceed $5,000, and in lieu of other exemp- 
ted property, no! Co exceed $500. (See Exemptions/) 

ASSIGNMENT F?;R BENEFIT OF CREDITORS. 

An insolvent debtor may make a general assignment of alt 
his property subject to forced sale, for the benefit of all of his 
creditors of those Who will consent to receive their propof- 
tional share of his estate and discharge him ;' but the' debtor shall 
not be discharged from liability to any creditor who does not 
receive as much as one-third of the amount due on his claim. 
An assignment must be in writing and acknowledged, certi- 
fied and recorded, as provided by law in cases of con- 
veyances of real estate. Notice of the assignee's appointment 
must be given within thirty days by three week's publication 
in a newspaper and by notice in person or by mail to each 
creditor so far as known. All creditors who consent to the 
assignment must in writing make known to the assignee their 
consent within four months from publication of the notice. 
No creditor not consenting can take any part of the assets 
under the assignment. But a creditor who has had no act- 
ual notice of the assignment may assent at any time before 
distribution of the assets. 

ATTACHMENTS AND GARNISHMENT. 

Judges and Clerks of the District and County Courts 
and Justices of the Peace may issue writs of original attach- 
ment, returnable to their respective courts, upon the plaintiff, 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



Long or short time loans at citizens' bank. it 

his agent or attorney, making affidavit in writing that the' 
defendant is justly indebted to the plaintiff in the amount 
(g ; ving it) of the demand, and in addition thereto stating 
either of the following grounds: (i) That the defendant is 
not a resident of the State, or is a foreign corporation, or is 
acting as such. (2) That he is about to remove permanently 
out of the State, and has refused to pay Or secure the debt 
due to plaintiff. (3) That he secretes himself so that the or- 
dinary process of law cannot be served upon him. (4) That 
he has secreted his property for the purpose of defrauding 
his creditors. (5) Tiat he is aboit to secrete his property 
for the purpose of defrauding his creditors. (6) That he is 
about to remove his property out of the State without leaving 
sufficient remaining for the payment of his debts. (7) That 
he is about to remove his property, or a part thereof, out of 
the county where the suit is brought, with intent to defraud 
his creditors. (8) That he has disposed of his property, in 
whole or in part, with intent to defraud his creditors. (9) 
That he is about to dispose of his property with intent to de- 
fraud his creditors. (10) That he is about to convert his 
property, or a part thereof, into money for the purpose of 
placing it beyond the reach of his dreditors. (11) That the 
debt is due for property obtained under false pretenses. The 
affidavit shall further state that the attachment is not sued 
out for the purpose of injuring or harrassing the defendant, 
and that plaintiff will probably lose his debt unless such at- 
tachment is issued. Plaintiff must give bond in double 
amount of the debt with two or more good and sufficient 
sureties. Attachments give a lien upon property seized. 

When an attachment is sued out plaintiff may also cause 
to be issued a writ of garnishment, and served upon third 
persons believed to be indebted to defendant, or to have 
property or effects of his in possession; also upon COrpora- 
FO/? LEGAL ADViCE CALL ON J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIMF. DEPOSITS AT CITIZENS' BAflK. 13 



tions of which defendant is a stockholder. After judgment, 
plaintiff may also sue out garnishment process. In these 
instances an application in wtiting and affidavit is required. 
In any suit where no attachment of property is asked for, 
plaintiff may cause a writ of garnishment to issue when 
affidavit is made that the debt sued on is just, due and un^ 
paid, and that defendant has not, within knowledge of 
affiant, property in his possession, within the State, sufficient 
to satisfy such debt, and that the garnishment is not sued out 
to injure garnishee or defendant; he must also, in this in- 
stance, give bond in double amount of debt. 

BANKS. 

The Constitution forbids the creation, renewal or exten- 
sion of banking privileges. 

BILLS AND NOTES. 

The holder of any bill of exchange or prommissory note 
may secure and fix the liability of any drawer or endorser of 
such bill of exchange, and every endorser of such promissory 
note, without protest or notice by instituting suit agaiixt the 
acceptor of such bill of exchange or against the maker of such 
promissory note before the first term of the District or 
County court to which suit can be brought after the right of 
action shall accrue; or by instituting suit before the second 
term of said court after the right of action shall accrue and 
showing good cause why suit was not instituted before the 
first term next after the right of action accrued. Whenever 
the amount of such bill of exchange or promissory note shall 
be within the jurisdiction of a Justice of the Peace, the holder 
thereof may secure and fix the liability of any drawer or en- 
dorser by instituting suit against the maker or acceptor within 
sixty sixty days nex- after the right of action shall accrue. 

The drawer of any bill of exchange which shall not be 

ESTATES SETTLED BY J. L. CARL, ATTORNEY, 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 15 

■=> ■ • 

accepted when presented for acceptance shall be immedately 
liable for payment thereof; and the holder of such bill may 
secure and fix the liability of any indorser thereof by insti- 
tuting suit against such drawer within the time and in the 
manner prescribed by this title (XII R. S. 1879). Any per- 
son to whom any of the said negotiable instruments may- 
have been assigned may maintain any action in his own 
name which the original obligee or payee might have brought, 
but he shall not only allow all just discounts against himself, 
but if he obtained the same after it became due he shall also 
allow all jusl discounts against the assignor before notice of 
the assignment was given to the defendant, but should he 
obtain such instrument before its mat irity by giving for it a 
valuable consideration and without notice of any discount or 
defense against it, then he shall be compelled to allow only 
the just discounts against himself. The obligee or assignee 
of any written instrument not negotiable by the law merch- 
ant may transfer to another by assignment all the interest 
which he may have in the same. The assignee of any in- 
strument mentioned in the preceding paragraph may main- 
tain an action fchereon in his own name, but he shall allow 
every discount and defense against the same which it would 
have been subject to in the hands of any previous owner be- 
fore notice of the assignment was given to the defendant] 
and in order to hold the assignor as surety for pay- 
ment of the instrument the assignee shall use due dilligence 
to collect the same. Parol testimony is inadmissible to prove 
that the assignor, drawer or endorser of any of the aforesaid 
instruments has released the holder thereof from his obliga- 
tion to use due dilligence to collect the same. The assignee 
of any instrument not negotiable by the law merchant is en- 
titled to recover from any previous assignor thereof, but in 
any suit brought agiinst a remote assignor of such instru- 

ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 17 

ment he shall be subject only to such recovery and shall have 
the benefit of all defense which he would have been entitled 
to had the suit been instituted by any intermediate assignee. 
Assignors, indorsers and other parties not primarily liable 
upon any of the instruments named herein may be jointly 
sued with their principal obligor? or may be sued alone 
under articles 1207 and 1208 Revised Statutes of 1879. 

When suit is instituted by any assignee or indorser of 
any written instrument the assignment or indorsement there- 
of shall be regarded as fully proved unless the defendant de- 
nies in his plea that same is genuine and flies with the papers 
in the cause an affidavit stating that he has good cause to 
believe and does believe that same is forged. 

The defendant in any action instituted upon a written in- 
strument may plead a want or failure or partial failure of 
consideration where such written instrument remains in pos- 
session of the original payee or obligee or when transferred 
or assigned after maturity or when defendant may prove a 
want or failure of consideration on the holder's part prior to 
transfer. The holder of any bill of exchange or promissory 
note assignable or negotiable by the law merchant may also 
secure and fix the liability of any drawer or endorser thereof 
without suit by procuring it to be protested and giving notice 
according to the usage and custom of merchants. The hold- 
er of any protested draft or bill of exchange drawn by a mer- 
chant within the limits cf this state upon his agent or factor 
living beyond the limits of this state is, after fixing the lia- 
bility of the drawer or endorser, entitled to recover ten per 
cent damages and interest and costs. Three days grace are 
allowed on negotiable notes and bills of exchange. 

CHILDREN, ADOPTION OF 

A person wishing to adopt another as his legal heir may 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 19 

do so by filing in the County Clerk's office a written state- 
ment duly authenticated as required in case of deeds, and re- 
citing in substance that he adopts the person as his legal 
heir, and the same after being recorded shall entitle such 
party in law and equity to the rights of a legal heir; provided 
that if the party adopting at the time thereof or afterwards 
have a child begotten in lawful wedlock, such adopted heir 
shall not inherit over one-fourth of the estate. 

CHATTEL MORTGAGES. 

To be vab'd as to subsequent purchasers in good faith, 
when not accompanied by actual and immediate delivery, 
must be filed in the office of the County Clerk of the county 
where the property is situated, or in the county of the mort- 
gagor's residence. Such mortgage upon goods, wares and 
merchandise to be daily exposed to sales by mortgagor in 
parcels in the regular course of business, are declared fraudu- 
lent and void. 

CORPORATIONS. 

Private corporations cannot be created except by gen- 
eral law. They may be created by association of three or 
more persons allowed by statute. The charter must be 
subscribed by three or more of such persons, at least two of 
whom must reside in the state of Texas and must be acknowl- 
edged and filed wnth the Secretary of State- v-Ata shall record 
and retain same. A certified copy under the seal of the 
state is evidence of the creation of the corporation. Foreign 
corporations may also file a certificate of incorporation and 
obtain leave to do business in the state. 

DEEDS. 

Conveyances of real estate must be inw r riting, subscribed 
and delivered by the party disposing of same, or his agent 



WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL 



MONEY fO LOAN ON LIBERAL TERMS-CITIZENS' BANK. "2\ 

%. — — — 

tiuly authorized in writing. No conveyance of real estate is 
effectual against a purchaser in good faith for a valuable con- 
sideration without notice, nor against a creditor, unless same 
be duly acknowledged or proved and filed with the County 
Clerk of the county where the land is situated. 

A conveyance of the wife's separate property, or of the 
homestead, must be executed by both the husband and wife 
and privily acknowledged by the wife. Every estate in lands 
conveyed shall be deemed to be in fee simple unless limited 
in express words to a less estate. A deed of trust on real 
estate must be acknowledged and recorded in like manner as 
a deed, 

DESCENT AND DISTRIBUTION. 

Where any person shall die intestate and shall leave no 
surviving husband or wife, the property shall descend and 
pass, in parcenary, to his or her kindred, male and female* 
as follows: i. To his children and their descendants. 2. If 
there be no children or their descendants, then to the father 
and mother in equal portions. But if only the father of 
mother survive, then the estate shall be divided into two 
equal parts, one of which shall pass to such survivor, and the 
other half to the surviving brothers and sisters of deceased 
and to their descendants; but if there be none such, then 
the whole shall be inherited by the surviving father or 
mother. 3. If there be neither father nor mother, then the 
whole estate shall pass to the brothers and sisters and to 
their descendants. 4. If there be none of the kindred afore- 
said, the inheritance shall be divided into two moieties, one 
of which shall go to the paternal and the other to the maternal 
kindred, in the following order: To the grandfather and 
grandmother in equal portions, but if only one of these be 
living> the estate shall be divided into two equal parts, one of 



LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 2 3 

which passes to such survivor, and the other to the descend- 
ants of such deceased grandfather or grandmother. If there 
be no surviving grandfather or grandmother, then the whole 
estate passes to their descendants, and so on without end, 
passing in like manner to the nearest lineal ancestors and 
their descendants. 

If there be a surviving husband or wife of such intes- 
tate, the estate passes as follows: i. If deceased have a 
child or children, or their descendants, the snrviving hus- 
band or wife shall take one-third of the personal estate, and 
the balance of the personal estate shall go to the child or 
children and their descendants. The surviving husband or 
wife shall also be entitled to an estate for life in one-third of 
the land of the intestate, with remainder to the child or chil- 
dren of intestate and their descendants. If deceased have 
no child or children or their descendants, then the surviving 
husband or wife shall be entitled to all the personal estate, 
and to one-half of the lands of the intestate, without remain- 
der to any person, and the other half shall descend accord- 
ing to the rules of descent and distribution; provided, 
that if deceased leave no surviving father or mother, nor 
surviving brothers and sisters or their descendants, the sur- 
viving husband or wife shall be entitled to the whole estate 
of such intestate. In cases before mentioned, when the in- 
heritance passes to the collateral kindred, if part of such 
kindred be of the whole blood, and part of the half blood 
only, the latter shall inherit only half as much as the former- 
provided, if all be of the half blood, they shall have whole 
portions. When collateral kindred stand in the same degree 
of relationship, they take per capita; when part are dead and 
part living, the children of those deceased take per stirpes. 
Upon the dissolution of the marriage relation, the common 
property belonging to the community estate of the husband 

LEAVE YOUR GOLLEOTIONS WITH J. L. CARL. 



LONG OK SHORT f IME LOANS At CITIZENS' BANK. 2$ 

and wife shall go to the survivor if the deceased have nd 
child or children; but if there be a child or children, then 
the surviving husband or wife is entitled to one-half, and the 
child or children to the other half of the property. In every 
case, however/the community estate passes charged with the 
debts against it. The jus accresendi is abolished* 

EXEMPTIONS INCLUDING HOMESTEADS. 

The followiug property, belonging to heads of families* 
is exempt from forced sale, viz. : 

ii The homestead of the family. 

2. All household and kitchen furniture. 

3. Any lot or lots in a cemetery held for the purpose of 
sepulture- 

4. All implements of husbandry. 

5. All tools, apparatus and books belonging to any 
trade or profession. 

6. The family library and all family portraits and pic- 
tures* 

7. Five milch cows and their calves. 

8. Two yoke of work oxen. 

9. Two horses and one wagon* 

10. One carriage or buggy. 

11. One gun. 

12. Twenty hog3. 

13. Twenty head of sheep. 

14. All saddles, bridles and harness necessary for the 
use of the family. 

15. All provisions and forage on hand for home con- 
sumption; and, 

16. All current wages for personal service. 

Persons who are not constituents of families are entitled 
to the following exemptions: 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY, 



Long or short time loans at citizens' bank. 11 

i. A lot or lots in a cemetery heiti for the purpose of 

sepulture. 

2. All wearing apparel. 

3. All tools, apparatus and books belonging to any 
trade or profession. 

4. One horse, saddle and bridle. 

5. Current wages for personal service. 

To a ferryman is exempt one ferry bo.it with necessary 
tackle not to exceed five hundred dollars in value. A home- 
stead in a city or town may consist of a lot or lots not ex- 
ceeding five thousand dollars in value, exclusive of improve- 
ments. A rural homestead may consist of not exceeding two 
hundred acres of land and improvements The homestead 
mav be sold for purchase money, debts, taxes or for work or 
material used in making improvements thereon, provided a 
contract for same in writing is signed and acknowledged by 
the wife as in case of a conve) ance of a homestead. Where 
the estate of a deceased person is insolvent, and there is no 
homestead or other exempt property, the Probate Court will 
make an allowance in lieu thereof to the widow and minor 
children. 

FRAUDS AND FRAUDULENT CONVEYANCES. 

No action shall be brought against persons in the follow- 
ing cases, unless the promise be in writing, signed by 
party to be charged or by his authorized ageni: To charge 
an executor or administrator personally for debt d.ie by <ic 
ceased; to charge any person to pay the debt of anothei ; 
upon any agreement made upon consideration of marnagv. 
upon contract of sale of real estate, or lease thereof for mure 
than one year; upon an agreement which is not to be per 
formed within tthe space of one year from the making 
thereof. 

Every gift, conveyance, assignment or transfer of 01 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY, 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 29 

-_ — — 

charge upon real or personal estate, every suit commenced, 
or decree, judgment or execution suffered or maintained, and 
every bond or other writing given with intent to delay, hinder 
or defraud creditors, purchasers or other persons from what 
they are or may be lawfully entitled to, shall as to such 
creditors, purchasers or other persons, their representatives 
or assigns, be void. This article of the statute does not af- 
fect the title of a purchaser for a valuable consideration 
unless he had notice of the fraud. Every gift, conveyance, 
assignment, transfer or charge made by a debtor which is not 
upon consideration deemed valuable in law shall be void as 
to prior creditors, unless such debcor was then possessed of 
property within this state subject to execution sufficient to 
pay his existing debts; but such gift, conveyance, assignment, 
transfer or charge shall not on that account merely be void 
as to subsequent creditors, and though it be decreed to be 
void as to a prior creditor because voluntary, it shall not for 
that cause be decreed to be void as to subsequent purchasers 
or creditors. No gift of any goods or chattels shall be valid 
unless by deed or will duly acknowledged or proven up and 
recorded, or unless actual possession shall have come to 
and remained with the donee or to one claiming under him. 
Where any loan of goods or chattels shall be pretended 
to have been made to any person with whom, or those claim- 
ing under him, possession shall have remained for the space 
of two years without demand made and pursued by due pro- 
cess of law on the part of the pretended lender, or when any 
limitation or reservation shall be pretended to have been 
made of a use of property by way of condition, revision, re- 
mainder or otherwise in the goods and chattels, the posses- 
sion whereof shall have remained in another as aforesaid, 
the same shall be taken as, to the creditors and purchasers of 
the persons aforesaid so remaining in possession, to befraud^ 

ESTATES SETTLED BY J. L. GARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 31 

ulent within the provisions of the statute of frauds, and that 
the absolute property is with the possession unless such loan, 
limitation or reservation of use of property were declared by 
deed or by will or other instrument in writing duly acknowl- 
edged or proved and recorded. 

GUARDIAN AND WARD. 

It is the duty of the county court to appoint guardians 
of the persons and estates of minors, persons of unsound 
mind, and habitual drunkards. Male persons under twenty- 
one years of age and females under the age of twenty-one 
years who have never been married are minors. The pro- 
visions, rules and regulations which govern estates of dece- 
dents apply to and govern guardianships so far as applicable. 

HUSBAND AND WTFK. 

Males under sixteen and females under fourteen years 
of age are not permitted to marry. Licenses to marry are 
issued by county clerk, but shall not issue except by consent 
of parents or guardians of parties, unless male is twenty-one, 
and female eighteen years of age. All property, both real 
and personal, which the husband brings into the marriage, 
or acquires afterward by gift, devise or descent, and the in- 
crease of lands thus acquired shall be his separate property. 
The same rule applies to property the wife brings into the 
marriage, except that during the marriage the husband has 
the sole management of his wife's separate property. All 
property acquired by either the husband or wife during mar- 
riage, except that acquired by gift, devise or descent, shall 
be deemed the common property of the husband and wife, 
but during coverture can only be disposed of by the husband. 
The wife may contract debts for necessaries furnished her- 
self or children, and for expenses which may be incurred 
by the wife for the benefit of her separate property or for 

ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 3 3 

necessaries furnished as above; and for this her separate as 
well as the common property is bound. A female who mar- 
ries under the age of twenty-one in accordance with law be- 
comes of full age. Marital rights of persons married in 
other countries, who remove to this state, shall, in regard to 
property acquired here during the marriage, be regulated by 
the laws of Texas. 

The District Court has power to hear and determine 
suits for dissolution of marriage where the causes alleged are 
natural or incurable impotency of body at the time of enter- 
ing into the marriage contract, or any other impediment that 
renders such contract void, and has authority to decree the 
marriage to be null and void. 

A divorce by separation from bonds of matrimony may 
be decreed in the following cases: 

(i) Where either the husband or the wife is guilty of 
excesses, cruel treatment or outrages of such nature as to 
render their living together insupportable. (2) In favor of 
the husband where his wife shall have been taken in adultery 
or where she shall have voluntarily left his bed and board for 
the space of three years with the intention of abandonment. 
(3) In favor of the wife where the husband shall have left 
her for three years with intention of abandonment or where 
he shall have abandoned her and lived in adultery with an- 
other woman. (4) In favor of either husband or wife when 
the other shall have been convicted after marriage of a felony 
and imprisoned in state prison. 

The party applying for the divorce shall have been at 
the time of exhibiting the petition a resident of the county in 
which suit is brought for at least six months and shall be an 
actual bona fide inhabitant of the state The court granting 
the. divorce may also partition the property of the parties. 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 35 

INTEREST. 

On written contracts ascertaining the sum payable where 
interest is not specified, interest is six per cent from maturity. 
On all open accounts where no rate of interest is specified, 
interest is allowed at the rate of six per cent per annum from 
the first day of January after the same are made. The par- 
ties to a written contract may agree on any rate of interest 
net exceeding ten per cent per annum. 

All written contracts stipulating for a greater rate than 
ten per cent shall be void a* to the interest only, but the 
principal may be recovered. Usurious interest may be re- 
covered with a penalty by the party paying the same, 

JUDGMENTS. 

(See Liens.) 

LANDLORD AND TENANT, 

Persons leasing or renting lands or tenements at will or for a 
term have a preference lien on the property of the tenant for the 
rent, and for supplies, etc., furnished, and if the tenant fail 
to pay the same and be about to remove from the premises 
or remove his property therefrom, the landlord may upon 
making affidavit and giving bond before a justice of the 
peace, obtain a warrant for the seizure of the same to satisfy 
his claim, 

LIENS. 

Each clerk of the county court shall keep in his office a 
well-bound book, to be called the ''Judgment Record," in 
which he shall record all abstracts of judgments filed in his 
office for record, which are authenticated in the manner 
hereinafter required. 

It shall be the duty of each clerk of a court, when the 
person in whose favor the judgment was rendered, his agent, 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CAR/,. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 37 

attorney or assignee, applies therefor, to make out and de- 
liver to such applicant, upon the payment of the fee allowed 
therefor by law, an abstract of such judgment and certify 
thereto under his hand and official seal. 

The abstract provided for in the preceding paragraph 
Shall show— 

i. The names of the plaintiff and of the defendant in 
such judgment. 

2. The number of the suit in which the judgment was 
rendered. 

3. The date when such judgment was rendered. 

4. The amount for which the same was rendered and the 
amount still due upon the same. 

5. The rate of interest, if any is specified in the judg- 
ment. 

It shall also be the duty of each Justice of the Peace to 
make out and deliver an abstract of any judgment rendered 
in his court in the manner provided in the two preceding 
paragraphs, certified to under his hand. 

When any such abstract,' as is provided for in the three 
preceding paragraphs, is presented to theClerk of the County 
Court for record, he shall file and immediately record the 
same in the Judgment Record, noting in such record the 
day and hour of such record, and shall also at the same time 
center it upon the index. 

The index to such Judgment Record shall be alphabetical 
and shall show the name of each plaintiff and of each defend- 
ant in the judgment, and the number of the page of the book 
upon which the abstract is recorded. 

When any judgment has been recorded and indexed, as 
provided in the preceding, it shall, from the date of such 
record and index, operate as a lien upon all of the real 
estate of the defendant situated in the county where such 

LEAVE YOUR GOLLECT/ONS WITH J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 3£ 

record and index are made, and upon all real estate which 
defendant may thereafter acquire situated in said county. 

When a lien has been acquired, as provided above> it 

shall continue for ten years from the da f e of such record and 

index, unless the plaintiff shall fail to have execution issued 

upon his judgment within twelve months after the rendition 

.thereof, in which case said lien shall cease to exist. 

Satisfac-ion of any judgment in whole or in part may be 
shown — 

i. By the return upon an execution issued Upon said 
judgment, or by a certified copy of such return, certified by 
the officer to whom the return is made, such certificate show- 
ing the names of the parties to the judgment, the number 
and style of the suit, the date and amount of the judgment, 
the court in which rendered, and the dates of the issuance 
and return of the execution. 

2. By a receipt, acknowledgment or release signed bv 
the party entitled to receive payment of the judgment, or his 
agent, or attorney of record, and acknowledged or proven 
for record in the same manner as deeds are required to be. 

Sufficient space shall be left at the foot of each abstract 
of a judgment recorded in the Judgment Record for the en- 
try of credits upon aud satisfaction of such judgment, and it 
shall be the duty of the Clerk to enter such credits and sat- 
isfaction whenever the same are made to appear, as provided 
hereinbefore. 

An abstract of a judgment rendered in this state by any 
United States court may be recorded and indexed in the 
same manner provided for the judgments of the courts of 
this state, upon the certificate of the Clerks of such United 
States courts, and the record and index of such judgments 
shall have the same force and effect as that of a judgment of 
a court of this state. 

LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



LONG OR SHORT TIME LOANS AT CITIZENS' &ANK. 41 

Any person or firm, 'umber dealer, artisan or mechanic, 
who may labor or furnish material, machinery, fixtures or 
tools to erect any house or improvement, or to repair any 
building or improvement whatever under or by virtue of any 
contract with the owner or proprietor thereof, or his agent, 
trustee, contractor or contractors, upon complying with the? 
provisions of this act, shall have a lien on such house, build- 
ing, fixture or improvements, and shall also have a lien on 
the lot or lots of land necessarily connected therewith, to 
secure payment for labor done, lumber, material, machinery 
or fixtures and tools furnished for construction or repairs. 

In order to fix and secure the said lien, it shall be the 
duty of every original contractor, within four months, and 
every journeyman, day laborer or other person seeking to ob- 
tain the benefit of same, within thirty days after the indebt- 
edness shall have accrued, to file his or their contract in the 
office of the county cleik of the county in which such prop- 
erty is situated and cause the same to be recorded in a book 
to be kept by the county clerk for that purpose; provide 1 , 
that if such journeyman, day laborer or other person have 
no written contract, it shall be sufficient for them to file an 
itemized account of their claim, supported by affidavit, 
showing that the account is just and correct, and that all just 
and lawful offsets, payments and credits have been allowed. 

If there be no written contract, it shall be the duty of 
the person seeking to obtain the benefit of said lien to de- 
liver to the clerk of the county court a sworn account of the 
demand due him or them after all just credits have been 
given, to be filed and recorded as provided for in written con- 
tracts; the following form will be sufficient to fix the lien 
contemplated: 



FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 43 

The State of Texas, ) 
- - - - County, j 

A. B., affiant, makes oath and says: That the annexed 
is a true and correct account of the labor performed (or ma- 
terial furnished) by him to and for C. D. of said county, and 
the prices thereof as set forth in the account hereto annexed 
are just and reasonable, and the same is unpaid; thatsaid labor 
was perfoimed, (or material was furnished or both) for said 
C. D. at the time in said account mentioned, under and by 
virtue of a contract between affiant and C. D.; and affiant 
further makes oath and says, that said C. D. was. at the time 
said contract was made or entered into, and said labor was 
performed (or materials furnishcl), the owner of the house 
or premises, and that said house (or improvements) is 
situated, or upon a certain lot or tract of land owned by 
said C. D. (here describe the premises) and this affiant 
claims a lien on the premises. 

Provided, the affidavit shall not be held insufficient if it 
substantially complies with the above form. 

Both the contracts and accounts, when filed and re- 
corded as above provided, shall be accompanied by a de- 
scription of the lands, lots, houses and improvements made 
against which the lien is claimed. 

When such contract or account is filed and recorded, .it 
shall be deemed sufficient dilligence to secure the lien herein 
provided. 

The lien hereby provided for, if againstland in the country, 
shall extend to and.include fifty acres, upon which such labor 
has been performed or upon which the houses or improve- 
ments are situated, if in a city, town or village, it shall ex- 
tend to or include such lot or lots upon which such houses, 
fixtures or improvements are situated, or upon which such 
labor was performed. 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 45 

The lien hereby provided for shall attach to the build- 
ings, erections, or improvements for which they were furn- 
ished, or the work was done, in preference to any prior lien 
or incumbrance, or mortgage upon the land, upon which said 
buildings, erections, improvements or machinery have been 
put or labor performed, and the person enforcing the same 
may have such building, erection or improvement sold sepa- 
rately: provided any lien, incumbrance or mortgage existing 
on the land for improvements at the time of the accrual of 
the lien hereby provided for shall not be affected thereby. 
When the improvements are sold separately, the purchaser 
shall be by the officer making the sale placed in possession 
thereof, and he shall have the right to remove the same with- 
in a reasonable time from date of purchase. Every sale 
must be upon judgment rendered by some court of competent 
jurisdiction, foreclosing such lien, and ordering sale of such 
property. 

But when lumber or material is furnished, labor per- 
formed, erection or repairs made upon a homestead, to fix a 
lien upon the same, it shall be the duty of persons, mechan- 
ics, artisans, lumber dealers and laborers, who shall perform any 
labor or furnish any material on or about the construction of 
any improvement or repairs upon a homestead, to make and 
enter into a contract in writing, setting forth the terms of 
said contract, which said contract in writing shall be signed 
by the husband and wife and acknowledged by her, as re- 
quired in making a sale of the homestead, at the time when 
such improvements or repairs are to be made, or material 
furnished, or labor performed, and all such contracts shall 
be recorded in the county clerk's office, in the county where 
such improvements are being made or land situated. 

The lien and contract mentioned in the preceding para- 
graph shall inure to the benefit of mechanics, artisans, la- 

ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 47 

borers and lumber dealers and other material men who shall 
have built, erected, repaired, improved or furnished material 
for a homestead. 

Every person, except the original contractor, who may 
wish to avail himself of the benefit of the provisions of this 
act, shall give ten days notice in writing before the filing of 
the lien, as herein required, to the owner, owners or agent 
or either of them that he holds a claim against such building 
or improvements, setting forth the amount and from whom 
the same is due; and thereafter said owner, owners or agent 
shall be authorized to retain in his hands the amount claimed 
until the same h-is bee;, settled or determined not to be due. 

A compliance with the provisions of the preceding para- 
graph shall be considered sufficient dilligence to fix the lia- 
bility of the owner of such building or improvement for the 
payment of such demand. 

In all cases where a lien shall be filed under the provis- 
ions of this act by any person other than a contractor it shall 
be the duty of the contractor to defend any action brought 
thereupon at his own expense, and during the pendency of 
such action, the owner may withhold from the contractors 
the amount of money for which such lien shall be filed, and 
in case of judgment against the owner or his property upon 
the lien, he shall be entitled to deduct from any amount due 
by him to the contractor, the amount of such judgment and 
costs, and if he shall have settled with the contractor in full, 
he shall be entitled to recover back from the contractor any 
amount so paid by the owner for which the contractor was 
originally the party liable; and all sub-contractors, laborers, 
and material men shall have preference over other creditors, 
of the principal contractor to the extent of all money due 
them from the original contractor on account of labor done 
or material furnished, and the amount due said original con- 

ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



CITIZENS' BAKK PAYS IMEPEST ON TIME DEPOSITS 49 



tractor from the person owning or having the improvements 
made shall not be garnished by other creditors to the preju- 
dice of said sub-contractors, laborers or material men. 

The liens for work and labor done or things furnished, 
as specified in this act, shall be upon an equal footing, with- 
out reference to the date of filing the account or lien, and in 
all cases where a sale shall be ordered, and theproperty sold, 
which may be described in any account or lien, the proceeds 
arising from such sale, if not sufficient to discbarge all the 
liens against the same, without reference to the date of filing 
the account or lien, shall be paid pro rata on the respective 
liens; provided, such accounts or liens shall have been filed 
and suit brought as provided by this act; provided, in no 
case shall the owner be compelled to pay a greater sum for 
or on account of labor performed, or material, machinery, 
fixtures and tools furnished, than the price or sum stipulated 
in the original contract between such owner and the original 
contractor for such house, building, fixtures, improvements 
or repairs. 

All mechanics, laborers, and operatives, who may have 
performed labor, or worked with tools, teams, or otherwise, 
in the construction, operation, or repair of any railroad, 
locomotive, car or other equipment of a railroad, and to 
whom wages are due or owing for such work, or for the work 
of tools or teams thus employed, or foi work otherwise per- 
formed, shall hereafter have a lien prior to all others rpon 
such railroad and its equipments for the a nount due him for 
personal services, or for the use of tools or teams. 

In all suits for wage G &.?? by a railroad company for 
such labor as heretofore mentioned, upon proof being satis- 
factorily made that such lab< r had been performed, either at 
the instance of said compan r a contractor or sub-contrac- 
tor, o* agent of said compar y 9 and that such wages are due, 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CAR/,. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 51 

and the lien given by this : -2t is sought to be enforced, it 
shall be the duty of the court having jurisdiction to try the 
same, to render judgment for the amount of wages found to 
be due, and to adjudge and order said railroad and equip- 
ments, or so much thereof as may be necessary, to be sold to 
satisfy sa ; d judgment. In all suits of this ^kind it shall not 
be necessary for the plaintiff to make other lien holders de- 
fendants thereto, but such lien holders may intervene and be- 
come parties thereto and have their respective rights adjusted 
and determined by the court. 

Suits by mechanics, laborers and operatives, for their 
wages due by railroad companies, may be instituted and pros- 
ecuted in any court in this state where such labor was per- 
formed, or in which the cause of action or part thereof ac- 
crued, or in the county in which the principal office of such 
railroad company is situated, and in all such suits service of 
process may be made in the manner now required by law. 

The lien created thus shall cease to be operative in 
twelve months after the creation of the lien, if no steps be 
sooner taken to enforce it. 

Every person who may furnish supplies or materials, or 
do repairs or labor, for or on account of any domestic vessel, 
owned in whole or in part in this state, shall have a lien on 
such vessel, her tackle, apparel, furniture and freight money, 
for the security and payment of the same. 

The provisions of the preceding paragraph shall not be 
construed to alter or affect in any way the general law regu- 
lating the liens of seamen on foreign vessels. 

Proprietors of hotels and boarding houses shall have a 
special lien upon all property or baggage deposited with them 
for the amount of ihe charges against them or their owners 
if guests at such hotel and boarding house. Proprietors of 
livery or public stables shall have a special lien upon all ani- 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 5 3 

mals placed with them for feed, care and attention, as also 
upon such carriages, buggies, or other vehicles as may have 
been placed in their care, for the amount of the charges 
against the same. 

Whenever any article, implement, utensil or vehicle 
shall be repaired with labor or material, or with labor and 
without furnishing material, by any carpenter, mechanic, 
artisan or other workman in this state, such carpenter, me- 
chanis, artisan or other workman is authorized to retain pos- 
session of said article, implement, utensil or vehicle until the 
amount due on same for repairing by contract shall be fully 
paid off and discharged. In case no amount is agreed upon 
by contract, then said carpenter, mechanic, artisan or other 
workman shall retain possession of such article, implement, 
utensil or vehicle, until all reasonable, customary and usual 
compensation shall be paid in full. 

When possession of any of the property embraced in the 
two preceding paragraphs has continued for sixty days after 
the charges accrue, and the charges so due have not been 
paid, it shall be the duty of the persons so holding said prop- 
erty to notify the owner, if in the state and his residence be 
known, to come forward and pay the charges due, and on his 
failure within ten days after such notice has been given him 
to pay such charges the persons so holding said property, 
after twenty days' notice, are authorized to sell said property 
at public sale and apply the proceeds to the payment of said 
charges, and shall pay over the balance to the person entitled 
to the same. If the owners's residence is beyond the stare or 
is unknown, the person holding said property shall net be 
required to give the ten days' notice mentioned in this para- 
graph before proceeding to sell. 

If the person who is legally entitled to receive the balance 

mentioned in this chapter is not known, or has removed 

«_ — — 

LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 5 5 

from the state or from the county '*\ which such repairing 
was done or such property was so held, it shall be the duty 
of the person so holding said property to pay the balance to 
the county treasurer of the county in which said property is 
held, and take his receipt therefor. Whenever any balance 
shall remain in the possession of the county treasurer for a 
period of two years unclaimed by the party legally entitled to 
the same, such balance shall become a part of the county 
fund of the county in which the property was so sold, and 
shall be applied as any other county fund or money of such 
county is applied or used. 

Nothing in the foregoing shall be construed of consid- 
ered as in any manner impairing or affecting the rights of 
parties to create liens by special contract or agreement, nor 
shall it in any manner affect or impair other liens arising at 
common law or in equity, or by any statute of this state, or 
any other lien not treated of under the foregoing. 

All reservations of the title to, or property in chattels as 
security for the purchase money thereof, shall be held to be 
chattel mortgages, and shall, when possession is delivered to 
the vendee, be void as to creditors and bona fide purchasers, 
unless such reservations be in writing and registered as re- 
quired of chattel mortgages; provided, that nothing in this 
act shall be construed to contravene the landlord and ten- 
ants' act. 

Every chattel mortgage, deed of trust or other instru- 
ment of writing intended to operate as a mortgage of, or lien 
upon personal property which shall not be accompanied by 
an immediate delivery, and be followed by an actual and 
continued change of possession of the pioperty mortgaged 
or pledged by such instrument, shall be absolutely void as 
against the creditors of the mortgagor or person making 
same, and as against subsequent purchasers and mortgagees 

LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



. 



LONG OK SHORT TIME LOANS AT CITIZENS' BANK. %1 

or lienholders in good faith, unless such instrument or a true 1 
copy thereof shall be forthwith deposited with, and filed in, 
the office of the county clerk of the county where the prop- 
erty shall then be situated, or if the mortgagor or person 
making the same be a resident of this state, then of the coun- 
ty of which he shall at the time be a resident. Upon the 
receipt of any such instrument the clerk shall endorse upon 
the back thereof the lime of receiving it, and shall file the 
same in his office, to be kept there for the inspection of all 
persons interested; provided, that if a copy be presented to 
the clerk for filing, instead of the original instrument, he 
shall carefully compare such copy with the original and the 
same shall not be so filed unless it is a true copy thereof; 
and a copy can be filed only when the original has been ac- 
knowledged. A copy of any such original instrument, or of 
any copy thereof, so filed as aforesaid, certified to by the 
clerk in whose office the same shall have been filed, shall be 
received in evidence of the fact that such instrument or copy 
was received and filed according to the endorsement of the 
clerk thereon, but o c no other fact. The county clerk shall 
keep a book in which shall be entered a minute of all such 
instruments, which shall be ruled off into separate columns, 
with heads as follows: Time of reception, name of mort- 
gagor, name of mortgagee or trustee and cestui que trust, 
date of the instrument, amount secured, when due, property 
mortgaged, and remarks; and the proper entry shall be made 
under each of such heads. Under the head of property 
mortgaged it will be sufficient to enter a general description 
of the property pledged and the particular place where 
located, and index shall be kept in the manner as required 
for other records. 

When the debt secured by any such instrument shall 
have been fully paid or satisfied, it shall be the duty of the 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



LONG OR SHORT TIME LOANS AT CITIZENS* BANK. 59 

mortgagee, his assignee or personal representatives to enter" 
or cause to be entered satisfaction thereof; such entry of 
satisfaction shall be made in the book in which the instru- 
ment is entered, which may be done under the head of 
"remarks," and any instrument acknowledging satisfaction 
need not be recorded at length, but it shall be sufficient for 
the mortgagee or clerk to make an appropriate entry under" 
the head of "remarks," showing that the same has been paid; 
and if there is a separate instrument acknowledging satisfac- 
tion it may be filed with the original instrument or copy 
thereof, and preserved therewith in the office of the county 
clerk. The person making any such instrument shall not 
remove the property pledged from the county nor otherwise 
sell or disoose of the same without the consent of the mort- 
gagee; and in case of any violation of the provision of this 
section the mortgagee shall be entitled to the possession of 
the property, and to have the same then sold for the pay- 
ment of his debt, whether the same has become due or not. 
Chattel mortgages and other instruments intended to 
operate as mortgages of, or liens upon, personal property, 
shall not hereafter be recorded at length as heretofore re- 
quired, and when deposited and filed in accordance with the 
provisions of this act shall have the force and effect hereto- 
fore given to a full registration thereof, and all persons shall 
be thereby charged with notice thereof and of the rights of 
the mortgagee, his assignee or representative tiereunder, but 
nothing herein contained shall be so construed as to in any 
manner affect the rights of any person under any instrument 
heretofore recorded as required by law. 

The county clerk shall be entitled to the sum of twenty- 
five cents for filing and making the entry as aforesaid, when 
any such instrument is deposited in his office, and twenty-- 



FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 61 

five cents for entering satisfaction thereof as herein re* 
quired. 

LIMITATIONS. 

There shall be commenced and prosecuted within one 
year after the cause of the action shall have accrued, and not 
afterward, all actions or suits in court, of the following des- 
cription: 

i. Action for injuries done to the person of another 

2. Actions for malicious prosecution or for injuries done 
to the character or reputation of another by libel or slander. 

3. Actions for damages for seduction or breach of prom- 
ise of marriage. 

4. Action for injuries done to the person of another 
where death ensued from such injuries; and the cause of 
action shall be considered as having accrued at the death of 
the party injured. 

There shall be commenced and prosecuted within two 
years after cause of action shall have accrued, and not after- 
ward, all actions or suits in court of the following descrip^ 
tion: 

1. Actions of trespass for injury done to the estate or 
the property of another. 

2. Action for detaining the personal property of an- 
other, and for converting such personal property to one's 
own use. 

3. Actions for taking or carrying away the goods and 
chattels of another. 

4. Actions for debt where the indebetedness is not evi- 
denced by a contract in writing. 

5. Actions upon stated or open accounts, other than 
such mutual and current accounts as concern the trade of 
merchandise between merchant and merchant, their factors 
or agents. 

ESTATES SETTLED BY J. L. CARL, ATTORNEY, 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS* BANK. 63 

*» — ' ■ 

In all accounts, except those between merchant and 
merchant as afoiesaid, their factors and agents, the respec- 
tive times or dates of the delivery of the several articles 
charged shall be particularly specified, and limitation shall 
run against each item from the date of such delivery, unless 
otherwise specially contracted. 

There shall be commenced and prosecuted within four 
years after the cause of action shall have accrued, and not 
afterward, all actions or suits in Court of the following des- 
cription: 

i. Actions for debt where the indebtedness is evidenced 
by or founded upon any contract in writing. 

2. Actions for the penalty or for damages on the penal 
clause of a bond to convey real estate. 

3. Actions by one partner against his co-partner for a 
settlement of the partnership accounts or upon mutual and 
current accounts concerning the trade of merchandise be- 
tween merchant and merchant, their factors or agents; and 
the cause of action shall be considered as having accrued on 
a cessation of the dealings in which they were interested 
together. 

All suits on the bond of any executor, administrator or 
guardian, shall be commenced and prosecuted within four 
years next after the death, resignation, removal or discharge 
of such executor, administrator or guardian, and not there- 
after. 

Every action other than for the recovery of real estate 
for which no limitation is otherwise prescribed, shall be 
brought within four years next after the right to bring the 
same shall have accrued, and not afterward. 

Every action upon a judgment or decree rendered in 
any other State or Territory of the United States, in the 
District of Columbia, or in any foreign country, shall be 

ESTATES SETTLED BY J. L. CARL, ATTORNEY, 



1 



CITIZENS* BANK PAYS INTEREST OTS TIME DEPOSITS. 6 5 

barred, if by the laws or such Stite or country, such action 
would there be barred, and the judgment or decree 1 e incapa- 
ble of being otherwise enforced there; and whether so bar 
red or not, no action against a person who shall have resided 
in this State during the ten years next preceding such action, 
shall be brought upon any such judgment or decree rendered 
more than ten years before the commencement of such ac- 
tion. 

Any action for the specific performance of a contract 
for the conveyance of real estate shall be commenced within 
ten years next a r ter the cause of action shall have accrued 
and not afterward. 

A judgment in any Court of record within this Slate, 
where execution has not issued within twelve months after 
the rendition of the judgment may be revived by scire fa- 
cias or an action of debt brought thereon within ten years 
after the date of such judgment, and not after. 

Where execution has issued and no return is made 
thereon, the party in whose favor the same w r as issued may 
move against any sheriff or other officer and his sureties for 
not returning the same within five years from the day on 
which it was returnable, and not after. 

No action of forcible entry or forcible detainer as pro- 
vided for by law, shall be prosecuted at any time after two 
years from the commencement of the forcible entry or de- 
tainer. 

Any person interested in any will which shall have been 
probated under the laws of this State may institute suit in 
the proper court to contest the validity thereof, within four 
years after such will shall have been admitted to probate and 
not afterward. 

Any heir at law of the testator, or any other person in- 
terested in his estate may institute suit in the proper court to 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



CITIZENS' BANK PAYS INTEf EST ON TIME DEFCSITS. 67 

cancel a will for forgery, or other fraud, within four years 
after the discovery of such forgery or fraud, and not after- 
ward. 

The laws of limitation of civil suits in this state shall be 
considered as suspended during the late civil war, com- 
mencing on the 28th day of January, 186 r, ending on 
the 30th day of March 1870; but nothing herein shall be 
held to revive any cause of action heretofore barred. 

If any person against whom there shall be cause of 
action, shall be without the limits of this state at the time of 
the accruing of such action, or at any time during which the 
same might have been maintained, the person entitled to such 
action shall be at liberty to bring the same against such per- 
son after his return to the state, and the time of such person's 
absence shall not be accounted or taken as part of the time 
limited by any of the provisions of this title. 

In case of the death of any person in whose favor 
there may be cause of action, the law of limitation shall 
cease to run against such cause of action until twelve months 
after such death, unless an administrator or executor shall 
have sooner qualified according to law upon such deceased 
person's estate; then and in that case the said law of limita- 
tion shall only cease to run until such qualification. 

In case of the death of any person against whom there 
may be cause of action the law of limitation shall cease to 
run against such action until twelve months after such death 
unless an administrator or executor shall have sooner quali- 
fied according to law upon such deceased person's estate; 
then and in that case the said law of limitation shall only 
cease to run until such qualification. 

The laws of limitation of this state shall not be made 
available to any person in any suit in any of the Courts of 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



MONEY TO LOAN ON LIBERAL tl¥MS-fclTIZENS' BANK. 6£ 

this State unless it be especially set forth as a defense in his 
answer. 

Any person absenting himself beyond sea or elsewhere 
for seven years successively shall be presumed to be dead in 
any cause where his death may come in question, unless 
proof be made that he was alive within that time; but an es- 
tate recovered on such presumption, if in a subsequent ac- 
tion or suit, the person presumed to be dead shall be proved 
to be living, shall be restored to him who shall have been 
"evicted, and he may moreover demand and recover the 
the rents or profits of the estate during su<m time as he 
shall be deprived thereof, with lawful interest. 

If a person entitled to bring any action other than those 
mentioned in Chapter i of this title be at the time the cause 
of action accrues, either: 

i. Under the age of twenty -one years. 

2. A married woman. 

3. Of unsound mind. 

4. A person in prison; the time of such disability shall 
hot be deemed a portion of the time limited for the com- 
mencement of the action, and such person shall have the 
same time after the removal of his disability that is allowed 
to others by the provisions of this title. 

No action shall be brought against any immigrant of the 
State to recover a claim which was barred by the law of 
limitations of that state or country from which he emigrated; 
nor shall any action be brought to recover money from an 
immigrant who was released from its payment by the bank- 
rupt or insolvent, laws of the state or country from which he 
emigrated. 

No demand against any person who shall hereafter re- 
move to this State, incurred prior to his removal, shall be 
barred by the Statute of limitation until he shall have resided 



LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



MONEY TO LOAN ON LIBFPAL TERMS-CITIZENS' BANK. 71 

in this State for the space of twelve months; Provided, that 
nothing in this Article shall be construed to affect the pro- 
visions of the preceding Article. 

The period of limitation shall not be extended by the con- 
nection of one disability with another; and when the law of 
limitation shall begin to run, it shall continue to run, not- 
withstanding any supervening disability of the party entitled 
to sue or liable to be sued. 

No one of the provisions of this Title shall be so con- 
strued as to revive any claim which is barred by pre-existing 
laws; and all claims against which limitation under said laws 
had commenced to lun shall be barred by the lapse of time 
which would have barred them had those laws continued in 
force; provided the said time be shorter than that by which 
they would have been barred by the other artieles of this 
title. 

In case of land, three (3) years possession, under title, 
color of title; or five (5) years possession and use under a 
recorded deed with payment of taxes; or ten (10) years 
naked possession and use will be a bar to recovery by any 
other person of the land. 

INJURIES RESULTING IN DEATH. 

An action for actual damages on account of injuries 
causing the death of any person may be brought in the fol- 
lowing cases: 

When the death of any person is caused by the negli- 
gence or carelessness of the proprietor, owner, charterer, or 
hirer of any railroad, steamboat, stage coach, or other vehi- 
cle for the conveyance of goods or passengers, or by the 
unfitness, negligence, or carelessness of their servants or 
agents. 

When the death of any person is caused by the wrongful 
act, negligence, uuskilifulness, or default of another. 



LEAVE YOUR COLLECTIONS W/TH J. L. CARL. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 7 3 

The wrongful act, negligence, carelessness, or default men- 
tioned in the preceding article must be of such a character 
as would, if not ensued, have entitled the party injured to 
death had maintain an action for such injury. 

When the death is caused by the wilful actor omission or 
gross negligence of the defendant, exemplary as well as ac- 
tual damages may be recovered. 

The action maybe commenced and prosecuted, although 
the death shall have been caused under such circumstances 
as amounts in law to a felony, and without regard to any 
criminal proceeding that may or may not be had in relation 
to the homicide. 

The action shall be for the sole and exclusive benefit of 
the surviving husband, wife, children and parents of the per- 
son whose death shall have been so caused, and the amount 
recovered therein shall not be liable for the debts of the 
deceased. 

The action may be brought by all the parties entitled 
thereto, or by any one or more of them for the benefit of all. 

If the parties enti led to the benefit of the action shall 
fail to commence the same within three calendar months 
after the death of the deceased, it shall be the duty of the ex- 
ecutor or administrator of the deceased to commence and 
prosecute the action, unless requested by all the parties en- 
titled thereto not to prosecute the same. 

The action shall not abate by the death of either party 
to the record if any person eutitled to the benefit of the 
action survives. If the plaintiff die pending the suit, when 
there is only one plaintiff, some one or more of the parties 
entitled to the money recovered may, by order of the Court, 
be made plaintiff and the suit be prosecuted to judgment in 
the name of such plaintiff for the benefit of the persons en- 
titled. 



FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 7 5 

If the sole plaintiff die pending the suit, and he is the 
only party entitled to the money recovered, the suit shall 
abate. 

If the defendant die pending the suit his executor or admin- 
istrator may be made a party an I the suit be prosecuted to 
judgment, as though such defendant had continued alive. 
The judgment in such case, if rendered in favor of the plain^ 
tiff, shall be, to be paid in due course of administration. 

The jury may give such damages as they may think 
proportioned to the injury resulting from such death; and 
the amount so recovered shall be divided among the persons 
entitled to the benefit of the action, or such of them as shall 
be alive, in such shares as the jury shall find by their verdict. 

FENCES. 

Every gardener, farmer, or planter shall make a suffi- 
cient fence about his cleared land in cultivation, at least five 
feet high, and make such fence sufficiently close to prevent 
hogs from passing through the same. When any trespass 
shall have been done by any cattle, horses, hogs or other 
stock, on the cleared and cultivated ground of any person, it 
shall be lawful for such person to complain thereof to any 
Justice of the Peace for the county where such trespass shall 
have been done, and such Justice is hereby authorized and 
required to cause two disinterested and impartial freeholders 
to be summoned, who, with such Justice, shall view and ex- 
amine on oath whether complainant's fence be sufficient or 
not, and what damages he hath sustained by such trespass, 
and certify the same in writing; and if it shall so appear that 
said fence be sufficient, then the owner of such cattle, horses, 
hogs or other stock, shall make full satisfaction for the tres- 
pass to the party injured, to be recovered before any tribunal 
having cognizance thereof. In case of a second trespass by 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 7 7 

the same cattle, horses, hogs, or other stock, the owner, les- 
see or proprietor of the premises upon which the trespass is 
committed may, if he deem it necessary for the protection 
and preservation of his premises, or the crops growing there- 
on, cause such stock to be penned and turned over to the 
sheriff or constable and held responsible to the person dam- 
aged for all damages caused by said stock and all costs 
thereon. If it shall appear that the said fence is insufficient 
then the owner of such cattle, horses, hogs or other stock, 
shall not be liable to make satisfaction for such damages. 

If any person whose fence shall be adjudged insufficient 
shall, with guns, dogs, or otherwise, maim, wound or kill, 
any horses, cattle, hogs or other stock, or cause or procure 
the same to be done, such person so offending shall make 
full satisfaction to the person injured for all damages by 
such person sustained, to be recovered before any tribunal 
having cogniznnce thereof. 

It shall be unlawful for 2ny person or persons by joining 
fences, or otherwise, to build or maintain more than three 
miles lineal measure of fence, running in the same general 
direction, without a gateway in same, which gateway 
must be at least eight feet wide and shall not be locked; 
provided, that all persons who have fences already con- 
structed in violation of this section shall have six months 
within which to conform to the provisions hereof. 

If any person or persons shall build or maintain more 
than three miles lineal measure of fencing, running in the 
same general direction, without providing such gateway, 
he shall be deemed guilty of a misdemeanor and upon 
conviction shall be fined in any sum not less than one 
nor more than two hundred dollars, and each day that such 
fence remains without such gateway shall constitute and be 
punished as a separate offense. 



ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 79 



The provisions above set forth shall only apply to pas- 
ture lands. 

Hereafter it shall be unlawful for any person who is a 
joint owner of any separating or dividing fence, or who is in 
any manner interested in any fence attached to or connected 
with any fence owned or controlled by any other person, to 
remove the same except by mutual consent, or as hereinafter 
provided. Any person who is the owner or part owner of 
any fence connected with or adjoined to any fence owned in 
part or in whole by any other person, shall have the right to 
withdraw or separate his fence or part of fence from the 
fence of any other person or persons in this state; provided, 
that such person who desires to withdraw or separate such 
fence from the fence of any other person shall give notice in 
writing to such person, his agent, attorney or lessee, of his 
intention to separate or withdraw his fence, or part thereof, 
for at least six months prior to the time of such intended 
withdrawal or separation. Any person failing to comply 
with the provisions of this section shall be fined in any sum 
not less than ten dollars nor more than fifty dollars, and 
every ten days shall constitute a separate offense for the vio- 
lation of this act. 

Any person who shall wilfully continue to join his fence 
to that of another whose fence has been withdrawn under the 
provisions of this act, shall be fined not less than ten nor 
more than fifty dollars; provided, that each ten days after 
such notice is complete shall constitute a separate offense for 
the violation of this act 



ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 81 

ELECTION LAWS. 

All elections shall be held for one day only at each elec- 
tion, and the polls shall be open on that day from eight 
o'clock a. m. to six o'clock p. m. 

The election precincts of the counties, as now estab- 
lished shall constitute election precincts, but the commis- 
sioners court-of each county may, at the first regular term of 
said court for each year, change or discontinue any election 
precinct, or establish a new precinct or precincts, as to said 
court may seem expedient. 

Justices' precincts may be divided into as many election 
precincts as the commissioners court may deem expedient; 
but no election precinct shall be formed out of any two or more 
justices precincts or parts thereof, and each justices precinct 
shall contain at least one election precinct. 

In each incorporated city, town or village, each ward 
shall constitute an election precinct. 

The election precincts of the counties of this State, as 
now established by the county commissioners court, shall 
constitute election precincts; but the commissioners court of 
each county, at their first regular term in each year, if they 
deem it necessary, may divide their respectiveDjustices pre- 
cincts into as many election precincts as they shall deem ex- 
pedient, which shall all be numbered. No election precinct 
shall be formed out of any two or more justices precincts, 
and they shall designate one place in each of such election 
precincts at which elections shall be held; and they shall, at 
their first regular or called term in each year, select and ap- 
point from among the residents of each election precinct, 
some suitable person to be the presiding officer of each pre- 
cinct; but each justice's precinct shall constitute at least one 
election precinct. 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



CITIZENS' BANK PAYS INTEREST ON TIIV'E DEPOSITS. 83 

At the first regular or called session of the commission- 
ers court in each county in each year, or as soon thereafter 
as practicable, said court shall select and appoint some suit- 
able and competent person in each election precinct to serve 
as presiding officer of elections in said precinct, and said ap- 
pointment shall be noted upon the minutes of the court; 
Provided, That the commissioners court of any county may 
have the power, when they deem advisable, to appoint two 
presiding officers for each election precinct, one of whom 
shall be the presiding officer at the ballot-box used for the 
deposit of ballots cast for electors for president and vice 
president of the United States, and members of Congress of 
the United States, and the other presiding officer at the bal- 
lot-box used for the deposit of ballots cast for State, district, 
and count} officers. 

No person shall be appointed presiding officer who is'not 
a qualified voter of the precinct for which he is so appointed. 

A presiding officer appointed by the commissioners 
court, shall continue to act as such for two years and until 
his successor is appointed. 

Where a presiding officer of elections has been appointed 
bv the commissioners court, the clerk of said court shall 
make out a certified copy of the order of appointment, to- 
gether with a certified copy of the order establishing the elec- 
tion precinct in which he is to preside, and deliver it to the 
sheriff, who shall deliver the same to such presiding officer. 

In case the presiding officer appointed should fail to at- 
tend on the day of election, or refuse or fail to act, or in 
case no presiding officer has been appointed, it shall be law- 
ful for the voters present at the precinct voting place on that 
day to appoint from among the qualified voters of such pre- 
cinct a presiding officer to act as such at that election; and 
the person so appointed shall be authorized to act as presid- 

VJHEN NEEDING AN ATTORNEY, CALL CN J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 8$ 

ihg officer as fully as if he had been appointed by the com- 
missioners court. 

Where a presiding officer has been appointed by the 
voters, as provided in the preceding article, the judges and 
clerks. of the election at such precinct shall, in making the 
return of such election, certify that the presiding officer was 
appointed from and by the voters at the precinct votingplace 
on the day of such eleetion, because there was no regular 
presiding officer in attendance, or because the regular presid- 
ing officer failed or refused to act, as the case may be. 

The presiding officer of each election precinct shall, on 
or before the day of election, select from among the qualified 
voters of the precinct two judges and two clerks, such selec- 
tion to be made from the different political parties> if de- 
manded, as far as practicable, and there be present a suffi- 
cient number of the party making such demand who are wil- 
ling and competent to serve in said positions; and the said 
judges and clerks, together with the presiding officers, shall 
be the managers of the election. 

The presiding officer shall, before opening the polls, ad- 
minister to each judge and clerk of election the following 
oath: "You do solemnly swear that you will well and truly 
conduct the election, without partiality or prejudice, and 
agreeable to law, according to the best of your skill and un- 
derstanding, so help you, God " 

One of the judges of election shall, before opening the 
polls, administer to the presiding officer of election the fol- 
lowing oath: "You do solemnly swear that you will faith- 
fully and impartially discharge the duties of presiding officer 
of elections to the best of your skill and understanding, so 
help you God." 

Presiding officers, judges, and clerks of election are au 
thorized to administer all oaths necessary or proper in the 

LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 87 

discharge of their duties as such officers, and to administer 
all oaths connected in any way with the holding of elections. 
Judges of elections, while iii the discharge of their duties 
as such, shall have the power of a district judge to preserve 
order and keep the peace. They may appoint special police 
officers to act as such during the election, and they or either 
of them may issue warrants of arrest for felony or breach of 
the peace committed at such election, directed to the sheriff 
or any constable of the county, who shall forthwith execute 
any such warrant, and shall, if so ordered by a judge of the 
election, commit the party arrested to jail during the elec- 
tion, but the party arrested shall first be permitted to vote, 
if entitled to do so; and as soon as practicable after closing 
the polls, the party arrested shall be taken before the proper 
magistrate for examination or trial as in other cases. 

The presiding officer, judges and clerks of election, shall 
be entitled to receive, as compensation for their services, 
the sum of two dollars each for each day, and two dollars 
for each night, for each and every day and night necessarily 
employed by them in the discharge of their duties; the same 
to be paid by the county treasurer of the county where such 
service is rendered, upon the order of the commissioners' 
court of such county; provided, that they shall receive com- 
pensation for not more than one day and one night. 

ORDERING ELECTIONS. 

The governor shall by proclamation order all elections 
for State and district officers, electors for president and vice- 
president of the Uuited States, members of Congress, mem- 
ber- of the Legislature, and all other elections required to be 
ordered by him by the Constitution or laws of the State. 

It shall be the duty of the county judge of each county, 
Or in case of vacancy in that office or any inability or failure 



LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 89 

of the county judge to act, then any two of the county com- 
missioners, to order all elections for county and precinct 
officers, and all other elections required by law to be ordered 
by the county judge. 

The county judge or county commissioners ordering an 
election shall issue writs of election, wherein shall be par- 
ticularly stated the officer or officers to be chosen, or the 
question to be voted upon, or both, as the case may be, and 
the day of election, and a copy of the form of election returns 
furnished by the Secretary of State shall accompany each writ. 

The writs of election and copies of the form of returns, 
as provided for in the preceding article, shall be delivered 
to the sheriff of the county, who shall, previous to the day 
of election, deliver the same to the presiding officer of each 
election precinct in which the election is ordered to be held, 
and in case there be no presiding officer in any such election 
precinct, the writ and form shall be delivered to the qualified 
voter of such election precinct who resides at or nearest to 
the voting place in such precinct. 

Forms of election notices, writs and returns, shall be 
furnished by the Secretary of State to the county judge of 
each county. 

In all cases of vacancy in any civil office of the county, 
district, or the State, by death, resignation, or otherwise, 
which by law is filled by special election, the officer or 
officers authorized by this chapter to order elections shall 
immediately make such order for an election, fixing the day, 
not exceeding thirty days off, to fill the unexpired time made 
vacant, and cause like notice to be given and issue writs as 
provided for general elections. 

Where any election is ordered, at least twenty days' no- 
tice of the same shall be given by notice posted up at the 
place or places designated for holding the election in each 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY- 



. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 91 

election precinct, specifying the time at which such election 
will be held and the officer or officers to be chosen, or the 
question to be voted upon, or both, as the case may be; and 
it is made the duty of the county judge of each county, or in 
case of vacancy in that office, or inability or failure to act, 
then any two of the county commissioners, to have said no- 
tices of election posted. 

In all city, town or village elections, where not other- 
wise provided for by the charter of said city or town, the 
mayor thereof, or in the event that office is vacant, or when 
the mayor is unable or fails to act, then any two of the alder- 
men, shall order such elections, give notice thereof, and ap- 
point presiding officers, who shall hold the election and make 
returns to the mayor, under the same regulations and with 
like effect as in county elections, so far as applicable. 

SUFFRAGE. 

The following classes of persons shall not be allowed to 
vote, to-wit: 

i. Idiots and lunatics. 

2. All paupers supported by any county. 

3. All persons convicted of any felony. 

4. All soldiers, marines and seamen employed in the 
service of the army or navy of the United States. 

Every male person who is subject to neither of the dis- 
qualifications named in the preceding paragraph, who shall 
have attained the age of twenty-one years, and who shall be 
a citizen of the United States, and who shall have resided in 
the State for one) ear next preceding an election, and the last 
six months within the district or county in which he offers to 
vote, shall be deemed a qualified voter; and every male per- 
son of foreign birth, subject to none of the disqualifications 
aforesaid, who, at any time before an election, shall have 

FO/? LEGAL ADVIGE GALL OA/ J. L. GARL, ATTGRNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 93 



declared his intention to become a citizen of the United 
States in accordance with the federal naturalization laws, and 
shall hrve resided in the State one year next preceding such 
election, and the last six months in the county in which he 
offers to vote, shall also be deemed a qualified voter. 

Voters in an organized county shall vote in the election 
precinct in which they reside. 

The residence of a married man, if not separated from 
his wife, shall be where his wife resides. If a married man 
be separated from his wife, he shall be considered, as to resi- 
dence, a single man. The residence of a single man shall 
be where he usually sleeps. 

All qualified voters of the State who shall have resided 
for six months immediately preceding an election within the 
limits of any city, town or village, shall have the right to 
vote for all elective officers of such city, town or village; but 
in all elections to determine expenditure of money or as- 
sumption of debt, only those shall be qualified to vote who 
pay taxes on property in said city, town or village. 

When any person offering to vote shall be objected to, 
the managers of elections, or either of them, shall examine 
the person offering to vote upon oath touching the points of 
such objection, and if such person fail to establish his quali- 
fication to vote to the satisfaction of a majority of the man- 
agers of the election, his vote shall be rejected. If his vote 
be received, the word "sworn" shall be written by the clerks 
upon the poll list opposite the name of such voter. 

In all elections by the people, the vote shall be by bal- 
lot, which ballot may be either written or printed, or written 
in part, or printed in part, which ballot shall be deposited in 
the ballot-box as hereinafter provided: Provided, however, 
That whenever the commissioners court of any county shall 
have made an order appointing two presiding officers in each 



ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 95 

election precinct, as hereinbefore provided, then one of said 
presiding officers shall be designated as the presiding officer 
to receive and count and return, as provided by law, the bal- 
lots for electors for president and vice president of the United 
States, and members of congress of the United States, and 
the other of said presiding officers shall be designated as the 
officer to receive, count and return the ballots cast for State, 
district and county officers; each to be provided with a 
metallic or wooden box, to be used for said purpose; and all 
laws in force pertaining to the holding of elections and mak- 
ing returns thereof shall apply alike to the managers of the 
election at each of said ballot-boxes. 

Each of the clerks of an election shall keep a poll list, 
upon which he shall write and number the name of each per- 
son who votes at the time of his voting, and one of the judges 
of election, in every case, shall receive the ballot, and at the 
time of receiving it shall write upon it the voter's number, 
corresponding with the number on the clerk's poll list, and 
shall immediately place the ballot in the ballot-box. 

No officer of election shall unfold or examine a ballot 
received, nor shall they examine the same by comparing it 
with the clerk's list of voters when the votes are counted out, 
nor shall they permit the same to be done, nor shall they ex- 
amine, or permit to be examined, the ballots subsequent to 
the same being received into the ballot-box, except in cases 
specially provided by law. 

Immediately after closing the polls, the officers of elec- 
tion shall proceed to count the votes in the presence of two 
qualified voters of their county, of good repute, and of dif- 
ferent political parties, if such can be conveniently obtained, 
and shall continue such count without interruption until all 
the ballots voted at such election are counted. 

No ballot which is not numbered shall be counted, nor 

ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



CITIZENS' BANK PAYS INTEREST ON TIME DEI 97 



shall either of two or more ballots folded together be counted, 
and where the names of two or more persons are upon a 
ballot for the same office, when but one person is to be 
elected to that office, such ballot shall not be counted for 
either of such persons. 

Each of the clerks shall write and number the name of 
each voter at the time of voting; and one of the judges, in 
every case, at the time of receiving the tickets or ballots, 
shall write upon it the voter's number corresponding with 
the number on the clerk's list; and no manager or other 
officer of the election shall unfold or examine the vote re- 
ceived, nor shall they or any one of them examine the en- 
dorsement on any ticket, by comparing it with the clerk's list 
of voters when the votes are counted out, nor shall they ex- 
amine, or permit to be examined by any other person, the 
tickets subsequent to their being received into the ballot-box, 
except as hereinafter provided; and any presiding officer, 
judge or clerk of election, who shall violate any of the pro- 
visions of this section, shall be deemed guilty of a felony, and 
upon conviction thereof shall be punished by imprisonment 
in the State penitentiary not less than one nor more than two 
years. All ballots shall be written or printed on plain white 
paper, without any picture, sign, vignette, device, or stamp 
mark, except the writing or printing, in black ink or black 
pencil, of the names of the candidates and the several offices 
to be filled, and except the name of the political party whose 
candidates are on the ticket: Provided, Such ballots may 
be written or printed on plain white foolscap, legal cap, or 
letter paper: Provided, That all ballots containing the 
name of any candidate pasted over the name of any other 
candidate shall not be counted for such candidate whose 
name is so pasted; and any ticket not in conformity with the 
above shall not be counted in counting out the votes, and no 

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CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 99 

ticket not numbered as provided in this act shall be counted 
in counting out the votes, nor shall either of two or more 
tickets folded together be counted; and any person who shall 
deposit any ballot except as provided in this section, or shall 
deposit two or more tickets folded together, at any election 
in this State, shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined in any sum not exceeding one 
hundred dollars. That immediately after the counting of the 
votes by the managers of election, the presiding officer shall 
place all the tickets or ballots voted into a wooden or metal 
box of sufficient size to contain them, and securely fasten 
the same with nails, screws, or locks; and he shall, within 
five days after the election, deliver said box to the county 
cleik, whose duty it shall be to keep the same securely, and 
in the event of any contest growing out of the election within 
one year thereafter, he shall deliver said box to any compe- 
tent officer having a writ or subpoena therefor from any 
tribunal or authority authorized to issue such process; and 
in the event that no contest grows out of said election, within 
one year after the election, then the said clerk shall destroy 
the said tickets or ballots by burning the same; nor shall he 
examine said ballots to ascertain how any person voted, or 
permit any person to do the same while in his keeping. The 
violation of any of the provisions of this section shall be 
deemed a misdemeanor, and any person convicted thereof 
shall be punished by fine not less than fifty nor more than 
five hundred dollars, and may in addition thereto be impris- 
oned in the county jail not to exceed six months. Any pre- 
siding officer, judge or clerk of any election, who shall divulge 
how any person shall have voted at any election, from an in- 
spection of the tickets, unless in a judicial investigation, shall 
be deemed guilty of a misdemearor, and upon conviction 
shall be fined in any sum not less than one hundred nor more 
than five hundred dollars, 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



MONkY t6 LOAN ON LIBERAL TERMS-CITIZENS' BANK. 101 

When the ballots have all been counted, the managers 
of the election in person shall make out triplicate returns of 
the same certified to be correct, and signed by them officially, 
showing, first, the total number of votes polled at such box; 
second, the number polled for each candidate; one of which 
returns, together with poll lists and tally lists, shall be sealed 
up in an envelope and delivered by one of the managers of 
election to the county judge of the county; another of said 
returns, together with poll lists and tally lists, shall be deliv- 
ered by one of the managers of election to the clerk of the 
county court of the county, to be kept by him- in his office 
open to inspection by the public for twelve months from the 
day of the election; and the other of said returns, poll and 
tally lists, shall be kept by the presiding officer of the election 
for twelve months from the day of election. 

In case of vacancy in the office of county judge, or the 
absence, failure or inability of that officer to act, the election 
returns shall be delivered to the clerk of the county court of 
'the county, who shall safely keep the same in his office, and 
he, or the county judge, as the case may be, shall deliver the 
same to the county commissioners court on the day appoint- 
ed by law to open and compare the polls. 

The election returns shall be delivered as provided in the 
two preceding articles, on or before the Monday next follow- 
ing the day of election. 

In counting out the votes, each clerk shall keep a tally 
list showing each vote counted, for what person or persons 
counted, and for what office or offices, and when the count- 
ing is completed each clerk shall certify his tally list to be 
■correct, and shall sign such certificate officially. 

Immediately after counting the votes, by the managers 
of election, the presiding officer shall place all the ballots 
voted, together with one poll list and one tally list, into a 

L.£AV£ YOUR COLLECTIONS WITH J. L. CARL. 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 103 

wooden or metallic box, and shall securely fasten the box 
with nails, screws or locks, and he shall, within ten days 
after the election, Sundays and the days of election excluded, 
deliver said box to the clerk of the county court of his coun- 
ty, or to the county to which the unorganized county is at- 
tached for judicial purposes, whose duty it shall be to keep 
the same securely; and in the event of any contest growing 
out of eletions within one year thereafter, he shall deliver 
said ballot-box to any competent officer having a process 
therefor, from any tribunal or authority authorized by law to 
demand such ballot-box; provided, That all questions aris- 
ing at any election board shall be settled and determined by 
the presiding officer and the judges, anything in any law to 
the contrary, notwithstanding. 

In the -event that no contest grows out of the election 
within one year after the day of such election, the said clerk 
shall destroy the contents of said ballot-box by burning 
the same. 

The presiding officer of election shall retain in his cus- 
tody one of the poll lists and one of the tally lists of the 
election, and shall keep the same for one year after election, 
subject to the inspection of any one interested in such elec- 
tion. 

On the Monday next following the day of election, and 
not before, the county commissioners court shall open the 
election returns, and estimate the result, recording the state 
of the polls in each precinct in a book to be kept for that 
purpose: Provided, that in the event of failure, from any 
cause, of the commissioners court to convene on the Mon- 
day following the election to compute the votes, then said 
court shall be convened for that purpose upon the earliest 
day practicable thereafter. 

LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 105 

The presiding officer of each election precinct which shall 
have cast more than one hundred votes at the last preceding 
election shall, on or before the day of election, select from 
among the qualified voters of the precinct three judges and 
four clerks, to be made from the different political parties if 
demanded, as far as practicable, and there be present a suf- 
ficient number of the party making such demand who are 
willing and competent to serve in such position. That said 
presiding judge, before balloting begins, shall designate two 
of said judges to be counting judges, and such presiding 
judge and said remaining judge shall be receiving judges of 
election, and said presiding judge shall designate two of said 
clerks to be receiving clerks and two of said clerks to be 
canvassing clerks of said election. The said receiving clerks 
shall keep the poll lists and the said canvassing clerks shall 
keep the tally lists now provided for by law. 

There shall be provided by the presiding judge two bal- 
lot boxes, one of which shall be No. i and the other No. 2. 
Before the balloting begins said judge shall open and ex 
amine said boxes, and remove everything therefrom. Ono 
receiving judges shall receive tK of each 

voter, and after pronouncing the name of such voter in an 
audible voice shall pass the ballot to the other receiving 
judge, who shall number the same and deposit it in said bal- 
lot box o. 1, which shall be kept securely closed while the 
balloting continues for one hour from the time of opening 
the polls. At the expiratiou of said hour the receiving 
judges shall deliver said ballot box No. 1 to the counting 
judges, who shall immediately deliver over to said receiving 
judges ballot box No. 2, which ballot box No. 2 shall be 
opened and examined in the presence of all the judges, and 
when everything is removed therefrom shall be securely 
closed, and until the ballots in box No. 1 have been 

FOR LEGAL ADVICE CALL O/V J. L. CARL, ATTORNEY. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 107 

counted said receiving judges shall receive and deposit bal- 
lots therein in the same manner as during the fi*ot hour bal- 
lots were received and deposited in ballot box No. i. After 
the delivery of ballot box No. i to the counting judges the 
same shall be immediately opened by them and the tickets 
shall be taken out one at a time by one of the counting 
judges, who shall read distinctly while the ticket remains in 
his hand the name or names written or printed thereon, also 
the office that is intended to be filled by such person voted 
for, and deliver the same to the other counting judge, who 
shall place the same in another box and keep securely until 
the counting is finished, and then said box with all the bal- 
lots cast at said election shall be returned to the county 
clerk as provided for by law. The same method shall be 
observed with each ticket, and the counting shall continue 
thus until all the ballots in the box are counted. And then 
the counting judges shall securely close ballot box No. r, and 
deliver the same to the receiving judges, and receive from 
the receiving judges ballot box No. 2, and so on in the same 
manner until the polls are closed and all the ballots are 
counted. No person or persons shall be admitted in the 
room or place where such ballots are being counted except 
the judges and clerks of election: Provided, That any po- 
litical party may select a representative man, who may be 
admitted as a witness of such counting. It shall be the duty 
of one of the judges to announce to the voters present the 
totalnumber of votes polled at each change of the boxes; but 
the judges, clerks and witnesses shall make oath that they 
will make no statement nor give any information of any- 
kind as to the number of votes polled for any office or per- 
son, nor the name of any person voted for, nor any other 
fact touching in any way to show the state of the polls at 
any time previous to the closing of the polls of said election 

FOR LEGAL ADVICE CALL ON J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. i09 

on the day of the same. When any person offering to vote 
shall be objected to, the manager of the election, with the 
two first named judges on the list of judges, shall examine 
the person offering to vote upon oath touching the points of 
such objection, and if such person fail to establish his qualifica- 
tion to vote to the satisfaction of a majority of the managers 
of the election, his vote shall be rejected; if his vote be re" 
ceived the word sworn shall be written by the clerks upon 
the list opposite the name of such voter. 

The presiding officer, judges and clerks shall be entitled 
to receive as compensation for their services the sum of two 
dollars per day, the same to be paid by the county treasurer 
of the county where such services are rendered, upon the 
order of the commissioners court of such county: Provided, 
Twelve working hours shall be considered a day within the 
meaning of this section. One of the judges shall deliver the 
returns to the county clerks immediately, and receive two 
dollars for delivery of the returns, if delivered within two 
days: Provided, Said judge shall not receive the two dollars 
for delivering the returns if he shall have to travel less than 
five miles in so doing. 

In case of a vacancy in the office of mayor or alderman, 
by refusal to accept or failure to qualify, or by death, resig- 
nation, or otherwise, the city council shall order a new elec- 
tion to fill such vacancy, and all special elections shall be 
conducted as herein provided for in the annual election: 
Provided, That in all special elections to fill vacancies ten 
days notice shall be deemed sufficient. In case of a vacancy 
in any other office in the city than mayor or alderman, by re- 
fusal to accept or failure to qualify, or by death, resignation, 
or otherwise, the mayor or acting mayor shall fill such va- 
cancy by appointment to be confirmed by the city council. 

In cities having a population of 10,000 inhabitants or 

ESTATES SETTLED BY J. L. GARL, ATTORNEY 



i 



' 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. Ill 

over, the commissioners court of the county may upon peti- 
tion of at least five hundred citizens provide for a registra- 
tion of voters, and without his certificate of registration no 
one shall be allowed to vote in such city. 

In such cities the "Australian ballot" system is also pro 
vided for. 

ROADS, BRIDGES AND FERRIES. 

The commissioners court of the several counties have 
full power to order the laying out and opening of public 
roads and the discontinuance thereof. 

First class roads are those free of obstructions and not 
less than forty nor more than sixty feet wide. Second class 
roads are not less than thirty feet wide. Third class roads 
are not less than twenty feet wide. Twenty days' notice 
must be given of every application for a new road or the d:s" 
continuance of an old one. The application shall be signed 
by at least eight freeholders. Upon presentation of the ap- 
plication the commissioners' court may appoint a jury of 
view to assess the damages and on report of the jury of view- 
may establish and classify the road. Upon application of 
ten freeholders the court may also establish a twenty foot 
road on the boundary line between property owners. In 
such case the owners of the land may when necessary erect a 
gate across the road. 

Each county shall be laid off by the commissioners' 
court into convenient road precincts and an overseer appoint- 
ed for each precinct. All male persons between eighteen and 
forty-five years of age are liable to ten days' road work ; ex- 
cept ministers, invalids and members of the militia. 

Overseers may cause bridges to be built in their pre- 
cincts, and the commissioners' court may when nessary con- 
tract for erection of bridges and may establish toll bridges, 

ESTATES SETTLED BY J. L. CARL, ATTORNEY 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 113 

This court also has the power to establish ferries and fix 
the charges to be made for ferriage. 

SALARIES, 

Salaries are allowed state officers as follows: 
Governor $4,000; Lieutenant-Governor no salary, but 
per diem and mileage same as members of the legislature 
during the session of the senate. Commissioner of land 
office, Comptroller and Treasurer $2,500 each; Secretary of 
State $2,000; Attorney $2,000 salary and not exceeding 
$2,000 in fees; Chief clerk in comptroller's office, chief clerk 
and receiving clerk in land office, and chief clerks in state 
department, and treasurer's office $1,500 each. Superin- 
tendents of lunatic asylums, blind asylum, and deaf and 
dumb asylum $2,000 each; Commissioner of Insurance, Sta- 
tistics and History $2,000; Superintendent of Public Build- 
ings $1,200; Adjutant General $2,000. 

SCHOOL LAWS. 

Ample provision for free schools is made by setting 
apart of part of the public domain and by annual taxation. 

The school laws are published by the Superintendent of 
Public Education (Austin, Texas) and will be furnished by 
Jiim to those interested. 

STOCK LAWS, 

Owners of cattle, hogs, sheep or goats are required to 
record with the county clerk an earmark and brand differing 
from those of their neighbors. Disputes as to marks or 
brands shall be decided by the county clerk's record; the 
older brand or mark shall have the preference. For every 
transfer of horses or cattle a bill of sale in writing must be 
executed. Possession without such written transfer isdeemed 
prima facie illegal. Persons slaughtering cattle or driving- 
game to market out of the county or state shall make report 

WHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 115 

thereof. Any stray horse, mule or work ox which may be 
found on the land or plantation of a citizen for a year or 
more shall, after being advertised, be estrayed before a jus- 
tice of the peace. Thereupon the animal shall be appraised 
by two house-holders and the taker-up shall give bond in 
double the value of the animal conditioned for his compli- 
ance with the statute. If the owner does not appear and 
prove his ownership the animal shall then be advertised in a 
newspaper and sold, and after paying the expenses and 
twenty- five per cent to the taker-up, the balance shall be 
paid to the county treasurer. Sales shall in like manner be 
made of stray hogs, goats or sheep and cattle other than 
work oxen, except that advertisement in a newspaper is not 
required, and the person estraying shall give notice as re- 
quired in case of constable's sales, and shall sell the estrays 
where taken up, provided there be not less than three adult 
bidders in attendance at the sale besides the family of the 
taker-up. A taker-up of an estray may use the same in mod- 
eration after giving bond under the statute. Upon petition 
of twenty freeholders of any subdivision of a county the 
commissioners' court shall order an election to determine 
whether hogs, sheep or goats shall be permitted to run at 
large in such subdivision, and if at such election a majority 
be in favor of prohibiting their so running at large it shall 
thereafter be unlawful for them to do so, and upon their en- 
tering the enclosed land of another may be impounded till 
his fees and damages are paid him. Provision is also made 
for inspection of hides and animals in many of the counties. 

TAXATION AND REVENUE. 

By the constitution taxation is required to be equal and 
uniform Persons engaged in mechanical and agricultural 
pursuits shall never be required to pay occupation taxes. 
Two hundred and fifty dollars ($250) worth of furniture is 

VJHEN NEEDING AN ATTORNEY, CALL ON J. L. CARL. 



ty 



MONEY TO LOAN ON LIBERAL TERMS-CITIZENS' BANK. 11? 

exempt to a family. No money shall be drawn from thepub* 
lie treasury except in pursuance of specific appropriations 
made by law, nor shall an appropriation of money be made 
for a longer term than two years. The state tax on property 
exclusive of the tax necessary to pay the public debt shall 
never exceed fifty cents on one hundred dollars valuation, 
and no county, city or town shall levy more than one-half of 
said state tax except for payment of debts incurred prior to 
the adoption of the constitution of 1876, or erection of public 
buildings not to exceed fifty cents on the one hundred dollars 
in any one year, and except as otherwise in the constitution 
provided. 

Property not entered for taxation shall be assessed at its 
fair market value by the proper officer. Property on which 
taxes have not been paid according to law shall be sold, but 
the former owner has the right to redeem in two years upon 
payment of double the amount paid for the land. 

The present rate of state ad valorem tax as fixed by the 
act of 189 1 is fifteen cents on one hundred dollars. The 
rate in the several counties varies, being fixed by the com- 
missioner's courts. A special tax for school purposes may, 
by a two-thirds Vote, be levied in any precinct, Taxes are 
imposed by the state upon occupations; and counties and 
cities may levy not exceeding one-half the same rate as the 
state. Upon petition of two hundred qualifed voters (who 
are also property taxpayers of the counties) an election may 
be held to determine whether a tax not to exceed fifteen 
cents on the one hundred dollars shad be levied for road and 
bridge purposes, and such tax shall be levied if a majority of 
Voters at such election favor the same. 

A poll tax of one dollar is levied by the state for school 
puipos-es, 

LEAVE YOUR COLLECTIONS WITH J. L. CARL, 



MONEY TO LOAM ON LIBERAL TERMS-CITIZENS' BANK. li£ 



WEIGHTS AND MEASURES. 

The standard of weights and measures adopted and used 
by the United States government is declared the only legal 
standard of weights and measures of Texas. Upon applica- 
tion any county in the state may have furnished to it, by the 
Governor, a copy of such weighis and measures and the com- 
missioners' court may grant license to a suitable person or 
persons to vend weights and measures after their approval 
by the court. Any person so desiring may have his weights 
and measures tested and sealed if correct by the county 
judge. A penalty is provided for the use of weights and 
measures which do not correspond with the standard 
adopted. 

WILLS. 

Every person aged twenty-one years or more, who may 
be or may have been lawfully married, being sound of mind, 
may dispose of his property? both real and personal, by 
will, which shall be in writing, signed by the testator or by 
some other person by his direction in his presence, and 
shall, if not wholly written by himself, be attested by two or 
more credible witnesses above the age of fourteen, subscrib- 
ing their names thereto in the presence of the testator. Such 
will cannot be revoked except by subsequent will, codicil or 
declaration executed with the same formalities as the will 
itself, or by the testator discharging, cancelling or obliter- 
ating the same or causing it to be done in his presence. 
Nuncupative wills are allowable in a few limited cases, but 
cannot affect real property. A will probated in anotl er 
state or territory or outside the United States may be pro- 
bated in Texas by fiY-'z an exemplified copy. No particu- 
lar form of will is requned other than as stated above. 



LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



LONG OR SHOfcT TIME LOANS AT CITIZENS' BANK. 121 

FORMS. 
bill of sale* 
The State of Texas, 

* . . . , County. 

Know all men by these presents: That !.,< ^ 

of said county and state in consideration of a 

dollars, to me paid by ....^^ also of said 

county and state, the receipt whereof is acknowledged, have 
sold and transferred and do hereby sell and transfer to said 

...... * * the following described property, to-wit: 

..;....,« To have and to hold the 

same, to said * <"«.:,.*, his heirs and as- 
signs forever. 

Witness my hand at. ^ ..<..«. 

this * * . 180 . . . . 



RELEASE, 



The State of Texas. 



* County. 

Know all men by these presents: That whereas on the 

day of ......... . 189 ......... of said county 

and state executed his certain deed of trust of that date to 

secure the payment of the sum of ($ ) dollars and 

interest as evidenced by his promissory note of that date for 

said amount, payable to and in which deed of 

trust, said , conveyed to as 

trustee the following described real property, to-wit: 

And whereas, said has fully paid off and dis- 
charged said indebtedness: Therefore I, the said 

FOR LEGAL • ADVICE CALL ON J. L. CARL, ATTORNEY, 



LONG OK SHORT TIME LOANS AT CITIZENS* BANK. 12 3 

being still the owner and holder of said note, 

do hereby declare same fully paid and said deed of trust 
cancelled and discharged of record. 

Wi Iness my hand at this day of 

189.. 



The State of Texas, 

County. 

Before me a Notary Public in and fof 

county, Texas, on this day personally ap- 
peared known to me to be the person whose 

name is subscribed to the foregoing instrument of writing, 
and acknowledged to me that he executed the same for the 
purposes and considerations therein expressed. 

Given under my hand and seal of office at 

this. 189 . . 



Notary Public, 

« county, Texas. 

WILL. 

In the name of God, Amen. I, 

of county, Texas, being of sound mind 

do make my last will and testament, as follows, hereby re- 
voking all wills by me heretofoie made: 

I give, devise and bequeath to ' all the 

property and rights of property, real, personal or mixed, 

which I may die possessed or entitled to T appoint 

to be executor of 1, and direct that 

no security or bond be required of him as auc-h, and that the 
probate court have no further jurisdiction over my estate 



FO/? LEGAL ADVIGE CALL ON J. L. CARL, ATTORNEY. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 125 

than to probate this will and approve an inventory and ap- 
praisement of my estate. 

Witness my hand at , 

this i8q .... 



Signed in presence of us this 189 ... . and we 

here now sign same as witnesses at the request of said 

, in his presence and in presence of each other. 



DEED. 

The State of Texas ; 

County of 

Know all men by these presents, That 

of for and in consideration of 

Dollars, to in hand paid by 

have granted, , sold 

and conveyed, and by these presents do grant, 

sell and convey unto the said To have 

and to hold, the above described premises, together with all 
and singular, the rights and appurtenances thereto in any- 
wise belonging unto the said heirs 

assigns forever. And do hereby bind 

, , heirs, executors and administrators to warrant 

and forever defend all and singular, the said premises unto 

the said heirs and assigns, against every 

person whomsoever lawfully claiming or to claim the same, 
or any part thereof. 

Witness hand day of 

A. D. 18 



ESTATES SETTLED BY J. L. CARL, ATTORNEY, 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 127 

The State of Texas, ] 

County of J 

Before me . in and for 

County, , on this day per- 
sonally appeared known to 

me to be the person, .whose name subscribed to the 

foregoing instrument of writing, and acknowledged to me 
that. .he. .executed the same for the purposes and considera- 
tions therein expressed. And the said . . . . % , 

having been examined by me privily and apart from her hus- 
band, and having the same fully explained to her, she, the 

said acknowledged such instrument 

to be her act and deed, and declared that she had willingly 
signed the same for the purposes and considerations therein 
expressed, and that she did not wish to retract it. 

Given under my hand and seal of office, at , 

the day of A. D. 18 

deed of trust. 
The State of Texas, 

County of 

Know all Men by These Presents: 

THAT being justly 

indebted to .in the sum of 

Dollars, as evidenced by 

the payment of which according to 

tenor and effect . .desire to assure and secure to 

the said — 

or assigns; in consideration thereof, and for the 

purposes and trusts hereinafter set forth and declared, and 

also in consideration, of Dollars to in hand 

paid, the receipt whereof is hereby acknowledged, have, 

ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



LONG OR SHORT TIME LOANS AT CITIZENS' BANK. 129 

granted, bargained and sold, and by these presents do grant, 

bargain, sell and convey unto 

of the County of in the State of 

the following described property: 

together with all and singular the rights and appurtenances 
to the same belonging, or in any wise incident and apper- 
taining; and do by these presents bind heirs, 

executors and administrators to warrant and forever defend, 

all and singular, the said property unto the said 

heirs or assigns, against the claim or claims of any and all 
persons whomsoever lawfully claiming or to claim the same 
or any part thereof. This conveyance, however, is intended 
as a trust, and is made for and upon the following trusts, 

terms and conditions, to-wit: In the event shall 

well and truly pay the said and interest due there- 
on to the legal holder thereof, when the same shall become 
due, then this deed and all herein contained to be null and 

void; but in cas« of default on part, or on the part 

of assigns to pay the said according to 

tenor and effect 

it shall thereupon, or at any time thereafter, the same re- 
maining unpaid, be the duty of the said , 

Trustee, and of his successor, as hereinafter provided, at the 

request of the said or the legal holder of 

said , which request is hereby presumed to en- 
force this Trust, to sell said hereinbefore described property 

at the Court House door of County, to the 

highest bidder for cash, at public auction, first giving at least 

days' notice of the time, place and terms of sale, and 

in such other manner as and for such time required by law 
and to make due conveyance to the purchaser or pur- 
chasers with warranty, and the title to such purchaser 

or purchasers when so made by said Trustee bind. . . . 

ESTATES SETTLED BY J. L. CARL, ATTORNEY. 



CITIZENS' BANK PAYS INTEREST ON TIME DEPOSITS. 131 

heirs, executors and administrators, to warrant and forever 
defend. With the proceeds arising from such sale the said 
Trustee shall first pay all the expenses of advertising, sale 
and conveyance, including a commission of . . . .per cent to 
the Trustee acting, and then shall pay the full amount of 

principal and interest due and unpaid on said to the 

said or other holder of said , and the remain- 
ing balance, if any, shall pay over to the said heirs 

or assigns. If in case of death, inability, refusal or failure 
from any cause, the said Trustee shall fail or be unable to 

act, then of the County of , in the State of 

Texas, is hereby constituted and appointed alternate 
Trustee, who shall thereupon hold, possess and execute all 
the titles, rights, powers and duties herein conferred on said 
Trustee, and whose conveyance to the purchaser shall be 
equally valid and effective. And in the event the said Trus- 
tee and alternate Trustee should die, or from any cause fai^ 
or be unable to act in carrying out the provisions of this 

deed, then the legal holder of said shall, without other 

formality than an appointment and designation in writing, 
name, constitute and appoint a successor and substitute, who 
shall thereupon hold, possess, and execute all the titles, 
rights, powers and duties herein conferred on said Trustee 
named, and whose conveyance to the purchaser shall be 
equally valid and effective. It is expressly provided that the 
recitals in the conveyance made to the purchaser shall be full 
evidence of the matters therein stated, and no other proof 
shall be requisite of request by the holder of said indebtedness 
to the Trustee to enforce this Trust; or of the advertisement, or 
sale, or any particulars thereof, and all prerequisites to said 
sale shall be presumed to have been performed; and the sale 
made under the power herein granted shall forever be a per- 
petual bar against the maker of this Trust, ..... .heirs and 

LEAVE YOUR COLLECTIONS WITH J. L. CARL. 



INTEREST PAID ON TIME DEPOSITS AT CITIZENS' BANK. 13 3 

assigns. The legal owner of said indebtedness shall have 
equal right to become the purchaser at such sale, being the 
highest bidder. 



Witness hand . . , at . . . . , this 

day of 18. . . . 

The State of Texas, 

County of 

Before me, in and for County, 

Texas, on this day personally appeared 

known to me to be the person, .whose name subscribed 

to the foregoing instrument of writing, and acknowledged to 
me that. .he. . executed the same for the purposes and con- 
siderations therein expressed. And the said 

having been examined 

by me privily and apart from her husband, and having the 

same fully explained to her, she, the said 

acknowledged such instrument to be her act and deed, and 
declared that she had willingly signed the same for the pur- 
poses and considerations therein expressed, and that she did 
not wish to retract it. 

Given under my hand and seal of office, at 

the day of A. D. 18 

CONTRACTS, BONDS, NOTES, RECEIPTS. 

For contracts, bonds, notes and receipts, the forms in 
general use may generally be safely used 'n this state. 



WHEN NEEDING AN ATTORNEY, CALL ON J. L. OARl 



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LIBRARY OF CONGRESS 



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029 765 006 3 






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